Contributed by Jerald
Bedford County, Virginia
Reprinted with permission
Contributed by Jerald
Simpson Payne son of John and Elizabeth Payne was born 14 Nov 1790 in Botetourt County, Virginia this according to his pension records for the War of 1812. He died 17 Jan 1873 near Wall Hill in Marshall County, Mississippi. He was married at least twice, 1st in Sumner County 13 Oct 1817 to Elizabeth Searcy Greer she was born 27 Nov 1799 to James Greer Jr and Susannah Searcy, she died 4 Oct 1819. Simpson was married secondly to Elizabeth Turner in Sumner County 21 Sep 1824 she was born in Virginia about 1810 and she died after 1891.
Simpson enlisted in August 1813 at Gallatin in captain Alfred Douglas's Company of 39th Tennessee Infantry as a 3rd Lieutenant for 3 years, he was discharged as a 2nd Lieutenant in Nov 1815. He and his wife sold their land in Sumner County in 1834 and moved to Marshall County Mississippi 12 Nov 1836. He received a land warrant in 1849 or 1850 for his war service and he applied for and received and pension which his widow applied for in 1873. He was described as 5 feet 10 inches with blue eyes. From various Court records and census returns it is known that Simpson was fairly prosperous owning slaves and a fair sized farm. By the time he died in 1873 his fortunes had turned for the worse as attested to by his will. He leaves what little he has to his wife and underage children and ascribes that due to his circumstances he cannot do more for his grown children. As proof that he was hurt by the Civil War is shown in 2 cases, 1st in deposition taken in Marshall Co Mississippi 19 Sep 1872 given by Simpson where in he states his two sons Thomas and John both joined the Confederate Army without his consent. That he furnished them clothing and money as a present and not as to aid the Confederacy, he goes on to state he was opposed to the rebellion and in favor of the Union. He wanted the War to stop after his sons joined the Confederate Army and his sympathies was with them although he did not want to see the United States broken up. It goes on to state that John Payne the son of Simpson was present in Dec 1862 when the Federal Cavalry took horses and mules (in Dec 1862 U.S. Gen Sherman began his march on Vicksburg, Mississippi, it was probably his foragers who took Simpson's property). In 1907 Lucy Bowen and other heirs of Simpson Payne made a Claim against the U.S. Government for $4,690.00 for mules, horses, bacon, corn and fodder. They never collected for any of their losses. In the court records of Robertson County is an Order instructing Simpson to pay for the cost of and maintenance of a illegitimate child recently borne to a Nancy Briley, it is believed this child was Susan, who was born about the time he went into the Military Service.
WILL OF SIMPSON PAYNE
written 14 Apr 1866
In the name of God Amen!
I Simpson Payne: being of sound mind and conscious of the uncertainty of life and the certainty of death, do make this my last will and testament, hereby revoking all others.
Article 1st - It is my will that all my just debts shall be first paid out of such property or lands as my executrix shall see fit or proper.
Article 2nd - Having heretofore given and conveyed to my son Thomas J. Payne, to Susan S. Spinks and the heirs of her body, to Adaline D Bates and the heirs of her body, & to Mary E. Skelton and the heirs of her body, as much property as my means would justify (in consideration of the wants of my minor children to be hereafter mentioned) I bequeath to the said Thomas J Payne, the heirs of Susan S Spinks, the heirs of Adaline D. Bates and to Mary E Skelton and her heirs a fathers love and blessing knowing that they will attribute the unsubstantial nature of this bequest to recent unavoidable losses in property.
Article 3rd - It is my will that all the property in my possession consisting of Eight hundred and twenty acres (being that upon which I at present reside) of, all the stock, provisions and all other property that I may be possessed of shall be held together under the Guardianship of my wife Elizabeth Payne and that my minor children to wit John S., James T., and Lucy H Payne shall receive a liberal English Education out of the proceeds of the Estate & I hereby authorize and empower my wife Elizabeth Payne to sell such property of lands as may be necessary to carry out the foregoing.
Article 4th - It is my will that my wife Elizabeth Payne shall have and hold the aforementioned property during her natural life & that as my aforementioned minor children shall arrive at the age of twenty one years or shall marry, then it is my wish that such child shall receive from the Estate such portion of my property as my wife in her judgement, having in view her own as well as the interests of the remaining children, shall designate or set apart and at the death of my wife it is my will that all property that may be left shall be so divided between my three minor children as to make it equitable between them, taking into the account such property as may be given by my wife during her life.
Article 5th - Lastly it is my wish that my wife Elizabeth Payne shall be my Executrix and the guardian of my minor children and she is hereby empowered to transact any and all business pertaining to the Estate, It is also my wish that she be not required to give security or any land for letters testamentary of administration. All of which is given under my hand and seal this the 14th day of April one thousand eight hundred and sixty six.
Wm M Compton
James L Phillips
H A Echols
Issue of Simpson and Nancy Briley ?;
Issue of Simpson and Elizabeth Greer Payne;
He married 12 Dec 1839 to Elizabeth McDaniel the daughter of William and Sarah McDaniel of Winston, Mississippi. She was born 5 May 1818 in Edgewood County S.C. and died 10 Nov 1906 in Hopkins County Texas. She and Charlton are buried at Sulphur Spring Cemetery. Charlton was not mentioned in the will of his father but in his will of 1891 he left $5.00 for E.A. Payne of Mississippi.
Issue of Simpson and Elizabeth Turner Payne;